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INTERNATIONAL HARVESTER CO. v. DEERE & CO.

No. 79-4020.

478 F.Supp. 411 (1979)

INTERNATIONAL HARVESTER COMPANY, Plaintiff, v. DEERE & COMPANY, Defendant.

United States District Court, C. D. Illinois.

October 11, 1979.

Attorney(s) appearing for the Case

Howard W. Clement and John L. Cline, Chicago, Ill., Stuart R. Lefstein, Rock Island, Ill., F. David AuBuchon, International Harvester Company, Chicago, Ill., for plaintiff.

Virgil Bozeman and John V. Patton, Moline, Ill., Robert H. Fraser and Louis A. Mok, Los Angeles, Cal., H. Vincent Harsha and Raymond L. Hollister, Deere & Company, Moline, Ill., for defendant.

DECISION AND ORDER ON MOTION FOR SUMMARY JUDGMENT

ROBERT D. MORGAN, Chief Judge.

This cause arises upon a complaint by plaintiff, International Harvester Company, hereinafter IH, against defendant, Deere & Company, hereinafter Deere, for a declaratory judgment that IH's CX-41 corn head does not infringe any claim of Deere's U.S. Patent No. 3,589,110.1

The complaint is intimately related to a prior suit for infringement...

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